Maine Revised Statutes Title 28-A Sec. 709 – Prohibition of certain practices
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1. Certain practices prohibited. The following practices are prohibited.
A. A licensee, employee of a licensee or agent of a licensee may not:
(1) Offer or deliver any free liquor to any person or group of persons;
(2) Deliver more than 4 1/2 ounces of spirits, a carafe containing more than one liter or 33.8 ounces of wine or any serving or pitcher containing more than one liter or 33.8 ounces of malt liquor to one person at one time;
(3) Sell, offer to sell or deliver to any person or group of persons an unlimited number of drinks for a fixed price, except at private functions not open to the public;
(4) Encourage or permit, on the licensed premises, any game or contest that involves drinking or the awarding of drinks as prizes; or
(5) Engage in any other practice the specific purpose of which is to encourage customers of the licensee to drink to excess. [PL 2019, c. 404, §14 (AMD).]
B. No licensee may advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under paragraph A. This paragraph does not prohibit a licensee or employee or agent of a licensee from including the alcohol content of malt liquor, wine or spirits in an advertisement or on a label, or in a display on an advertisement or label, if the alcohol content is expressed as a percentage of alcohol by volume. [PL 2013, c. 504, §1 (AMD).]
[PL 2019, c. 404, §14 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 709
- Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
- Bed and breakfast: means a place that advertises itself as a bed and breakfast where the public for a fee may obtain overnight accommodations that include a sleeping room or rooms and at least one meal per day. See Maine Revised Statutes Title 28-A Sec. 2
- bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
- Class A restaurant: means a place that is regularly used for the purpose of providing full meals for the public on the premises, that is equipped with a separate and complete kitchen and that maintains adequate dining room equipment and capacity for preparing and serving full meals upon the premises. See Maine Revised Statutes Title 28-A Sec. 2
- Hotel: means a place where the public obtains sleeping accommodations for consideration and where food is offered for sale to the public, whether or not under one roof. See Maine Revised Statutes Title 28-A Sec. 2
- Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
- Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
- Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2 Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 Restaurant: means a place that is regularly used for the purpose of providing food for the public and that has adequate and sanitary kitchen and dining room equipment and capacity for preparing and serving suitable food for the public. See Maine Revised Statutes Title 28-A Sec. 2 sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2 Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
2. Exceptions. Subsection 1 does not prohibit the following practices:
A. Licensees offering free food or entertainment either with or without the purchase of one drink; [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Licensees increasing the prices for drinks when entertainment is provided; [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Licensees including a drink as part of a meal package; [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. The sale or delivery of wine, malt liquor or mixed drinks by the bottle, carafe or pitcher when sold with meals or to more than one person; [PL 1987, c. 342, §45 (AMD).]
E. Those licensed under section 1052?D offering free samples or tastings; [PL 2013, c. 531, §1 (AMD).]
F. Licensed hotels or bed and breakfasts offering room service to hotel guests or bed and breakfast guests, respectively; [PL 2021, c. 658, §103 (AMD).]
G. Licensees offering reduced prices for prearranged private parties on the premises of the licensee; [PL 2005, c. 319, §1 (AMD).]
H. Licensees whose licensed premises include more than one room charging different prices for the same drink served in the different rooms; [PL 2011, c. 629, §13 (AMD).]
I. Conducting taste testing under section 460, 1051, 1205, 1207, 1368 or 1402; [PL 2021, c. 658, §104 (AMD).]
J. Providing samples authorized under section 1055, 1355?A, 1402?A or 1504; [PL 2021, c. 658, §105 (AMD).]
L. [PL 2021, c. 658, §107 (RP).]
M. Product supplied by licensees authorized under section 1052?D for the purposes of providing taste-testing samples under a taste-testing event license; or [PL 2023, c. 103, §2 (AMD).]
N. A restaurant, Class A restaurant or Class A restaurant/lounge giving, serving or permitting to be served a bottle of wine as authorized under section 1051, subsection 10. [PL 2023, c. 103, §3 (NEW).]
[PL 2023, c. 103, §§1-3 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §45 (AMD). PL 1993, c. 266, §16 (AMD). PL 1997, c. 501, §2 (AMD). PL 1999, c. 275, §1 (AMD). PL 2005, c. 319, §§1,2 (AMD). PL 2011, c. 259, §1 (AMD). PL 2011, c. 629, §§12-15 (AMD). PL 2013, c. 504, §1 (AMD). PL 2013, c. 531, §1 (AMD). PL 2015, c. 142, §§1, 2 (AMD). PL 2015, c. 214, §§4, 5 (AMD). PL 2015, c. 494, Pt. A, §§32-34 (AMD). PL 2019, c. 404, §14 (AMD). PL 2021, c. 658, §§103-107 (AMD). PL 2023, c. 103, §§1-3 (AMD).